Provisional Measures, Permanent Changes: The Arbitration-Friendliness of the Brazilian Superior Court of Justice

Abstract

This case comment focuses on a recent court decision by the Brazilian Superior Court of Justice which is of significant interest in the context of the development of arbitration in Brazil. The decision affirms the jurisdiction of Brazilian courts to grant provisional measures before the constitution of the arbitral tribunal, subject to the latter's ratification, while denying jurisdiction for the same purpose where the arbitral tribunal has been constituted. While not completely in line with current international standards, the decision positively supports the jurisdiction of the arbitral tribunal to issue provisional measures in light of an all-but-clear provision of Brazilian law.